In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No. 201 / 2011.
1) Santwana Malick,
Flat No.2E, 2nd Floor, Sukhsagar Complex,
1021, Dakshin Dari Road, P.S. Lake Town,
Kolkata-48, Dist. 24 Parganas (North). ---------- Complainant
---Versus---
1) The Manager, Dewar’s Garage Ltd.,
4, Council House Street, P.S. Hare Street, Kolkata-69.
2) True Value Counter, Dewar’s Garage Ltd.,
83/1, Topsia Road, P.S. Topsia, Kolkata-69. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Order No. 17 Dated 26-03-2013.
The case of the complainant in short is that o.p. no.1 is a company deals in the transaction of old / new Maruti cars. O.p. no.2 is the showroom of o.p. no.1. O.p. company made an open offer on 18.9.10 that they would exchange an old Maruti 800 model car with a new Maruti Alto car in ‘True Value System’.
Complainant approached the office of the o.p. company and accepted their offer and as per terms of the said offer, the o.p. company took away the complainant’s Maruti car bearing no.WB 02D 3735.
Further case of the complainant is that sale value of the complainant’s car was settled at Rs.17,000/- and along with the exchange bonus price of Rs.5000/-, the total set forth value of the car was fixed at Rs.22,000/- and in this context a purchase letter was issued by o.p. on 23.9.10, whereby the authorized signatory signed and stated that the company has received the car no.WB 02D 3735 from the complainant at an agreed value of Rs.22,000/- under True Value Exchange Package deal along with all other relevant documents of the car.
Complainant states that the o.p. failed to keep their promise and did not deliver any new car to the complainant.
Complainants states around 8 months have elapsed since then and neither any car was delivered nor any single farthing was refunded to the complainant and her old car, which was taken away by the o.p. authorities was also not refunded in spite of her repeated requests.
Complainant states that she and her husband requested the o.p. authorities for refund of the money or delivery of her car, but each and every occasion the o.p. authorities indulging in dally tactics always used to give lame excuse and in that ruse managed to hoodwink the complainant that very soon he would be refunded back her car, but all those statements all empty hoaxes. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.p. no.1 had entered its appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. O.p. no.2 did not contest the case by filing w/v and matter was heard ex parte agasint o.p. no.2. Ld. Lawyer of o.p. no.1 in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular and we find that o.p. company made an open offer on 18.9.10 that they would exchange an old Maruti 800 model car with a new Maruti Alto car in ‘True Value System’.
We further find from the record that complainant approached the office of the o.p. company and accepted their offer and as per terms of the said offer, the o.p. company took away the complainant’s Maruti car bearing no.WB 02D 3735.
It is seen from the record that sale value of the complainant’s car was settled at Rs.17,000/- and along with the exchange bonus price of Rs.5000/-, the total set forth value of the car was fixed at Rs.22,000/- and in this context a purchase letter was issued by o.p. on 23.9.10, whereby the authorized signatory signed and stated that the company has received the car no.WB 02D 3735 from the complainant at an agreed value of Rs.22,000/- under True Value Exchange Package deal along with all other relevant documents of the car.
It is also seen from the record that the o.p. failed to keep their promise and did not deliver any new car to the complainant.
In view of the findings above and on perusal of the entire materials on record we find and hold that o.ps. had sufficient deficiency in service being service provider to their consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against o.p. no.1 and ex parte with cost against o.p. no.2. O.ps. are jointly and/or severally directed to return the complainant’s old Maruti 800 model car bearing no.WB 02D 3735 and are further directed to pay to the complainant compensation of Rs.30,000/- (Rupees thirty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Complainant is at liberty to file execution case before this Forum in case of non-execution of the aforesaid order in its entirety within the stipulated period under the provision of COPRA, 1986.
Supply certified copy of this order to the parties free of cost.
